Searching, Screening and Confiscation - A Guide
Introduction
Ensuring the safety and
security of school staff and students is crucial for creating a conducive
learning environment. Proper utilisation of searching, screening, and
confiscation powers is essential to protect the welfare of both pupils and
staff, fostering a safe environment for everyone. This guidance aims to clarify
these powers for headteachers and staff, empowering them to use them
effectively when required.
Schools and their staff play a significant role in safeguarding children, as outlined in statutory guidance such as "Working together to safeguard children." "Keeping children safe in education" emphasises that all school staff must ensure a safe learning environment for pupils. Prior to screening or searching a pupil, schools must consider their obligations under the European Convention on Human Rights, particularly Article 8, which grants pupils the right to privacy. This means pupils have a reasonable expectation of personal privacy within this framework of rights and obligations.
Searching
The list of prohibited
items is:
·
knives and
weapons
·
alcohol
·
illegal drugs
·
stolen items
any article that the
member of staff reasonably suspects has been, or is likely to be used:
·
to commit an
offence, or
·
to cause personal
injury to, or damage to property of; any person (including the pupil)
an article specified in
regulations:
·
tobacco and
cigarette papers
·
fireworks
·
pornographic
images
The school's behaviour
policy should specify the prohibited items that warrant a search. This list
must include items outlined above and can also incorporate other items deemed
by the headteacher as detrimental to maintaining high standards of behaviour
and a safe environment.
The role of the headteacher, the designated safeguarding lead and authorised members of staff
Only the headteacher or staff members authorised by the headteacher are permitted to conduct searches. The headteacher can delegate authority to specific staff members to search for particular items outlined in the school's behaviour policy. For instance, a staff member may be authorised to search for stolen property and alcohol but not for weapons or drugs.
The headteacher is responsible for overseeing the school's searching practices to ensure they are conducted in a safe, proportionate, and appropriate manner, safeguarding the welfare of all pupils and staff. They receive support from the designated safeguarding lead or deputy in fulfilling this responsibility.
Before Searching
A search may be initiated if a staff member has reasonable grounds to suspect a pupil is in possession of a prohibited or searchable item according to school rules, or if the pupil consents to the search. The authorised staff member should always seek the cooperation of the pupil before proceeding with a search. If the pupil refuses to cooperate, the staff member should assess the reasons behind this refusal. If a pupil persists in refusing to cooperate, the staff member may apply sanctions according to the school’s behaviour policy, ensuring consistent and fair responses to misbehaviour.
If a staff member deems a
search necessary but not urgent, they should consult the headteacher,
designated safeguarding lead (or deputy), or pastoral staff member for further
guidance, especially if they have additional information about the pupil. Meanwhile,
the pupil should be supervised and kept away from other students.
During a search
Where:
The search should be conducted in a suitable location, preferably away from other pupils if feasible. It must occur only on school premises or in situations where the staff member has lawful control or charge of the pupil, such as during a school trip.
Who:
The law outlines, the staff member conducting the search must be of the same sex as the pupil being searched. Additionally, another staff member must be present as a witness during the search. There is a limited exception to the rule where a member of staff can search a pupil of the opposite sex and/or without a witness present only in cases of urgent necessity.
The Extent of the
Search
A member of staff may search a pupil’s outer clothing, pockets, possessions, desks or lockers.
Strip Searching
A strip search is a search
involving the removal of more than outer clothing. Strip searches on school
premises can only be carried out by police. Before involving the police in a
school situation, staff should evaluate and weigh the potential risks to the
pupil's mental and physical well-being posed by a potential strip search
against the risk of not recovering the suspected item.
After-care following a Strip Search
Pupils should receive appropriate support regardless of whether the suspected item is found. If an item is discovered, it may involve the police, but the school should always initiate a safeguarding process focusing on the pupil's well-being, involving relevant staff like the designated safeguarding lead (or deputy). Safeguarding should also be central to the support provided after a strip search where no item is found, addressing both the immediate experience of the search and any underlying issues that led to the decision to conduct it.
After a Search
Schools should evaluate whether the reasons for a search, the search process, or its outcome indicate potential harm or necessitate specific support for the pupil, irrespective of whether any items are found. If concerns arise, staff should adhere to the school's child protection policy and consult with the designated safeguarding lead (or deputy).
Recording Searches
All searches conducted by staff for prohibited items, as well as those performed by police officers, must be documented in the school's safeguarding reporting system, regardless of whether an item is discovered. This enables the designated safeguarding lead (or deputy) to identify potential risks and implement a safeguarding response if necessary. Additionally, headteachers have the discretion to mandate the recording of all searches for items banned by school rules.
Informing Parents
Schools should enhance
their whole-school approach by fostering positive relationships with parents.
Parents must be notified of any search for a prohibited item listed in
paragraph 3 as soon as possible, along with the search outcome.
Screening
Screening can offer
reassurance to pupils, staff, and parents regarding the school's commitment to
fostering a calm, safe, and supportive environment. Schools have the statutory
authority to implement rules on pupil behaviour and fulfil their duties as
employers to ensure safety, allowing them to mandate pupil screening. Screening
involves using walk-through or hand-held metal detectors to scan all pupils for
weapons before entering the school premises.
Confiscation
An authorised staff member
conducting a search can confiscate any item if they have reasonable grounds to
suspect that it:
·
poses a risk to
staff or pupils
·
is prohibited or
identified in the school rules for which a search can be made
· is evidence related to an offense
Under the general power to discipline, a staff member can confiscate, retain, or dispose of a pupil's property as a disciplinary measure, if deemed reasonable. The law safeguards staff members from liability in any legal proceedings regarding loss of or damage to confiscated items, as long as their actions were lawful.
Controlled drugs must be promptly delivered to the police unless there is a valid reason not to do so. In such cases, the staff member must safely dispose of the drugs. The decision to dispose of controlled drugs depends on whether there is a justifiable reason to do so. The staff member should consider all pertinent factors and exercise their professional judgment to ascertain whether they can securely dispose of the seized item. Electronic devices, such as mobile phones, may contain files or data related to an offense or capable of causing harm to others. This encompasses indecent images of children, pornography, abusive messages, images or videos, or evidence related to suspected criminal behaviour.
Resources
Behaviour in Schools: https://www.gov.uk/government/publications/behaviour-in-schools--2
PACE Code for Strip
Searches by Police: https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice
KCSIE: https://www.gov.uk/government/publications/keeping-children-safe-in-education--2
Working Together to
Safeguard Children: https://www.gov.uk/government/publications/working-together-to-safeguard-children--2
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